Trade Secret Litigation

“Have we been the victim of intellectual property theft?” It is a question business leaders often ask themselves, but one that can be difficult to answer. IP theft can be difficult to detect and can quickly lead to the loss of market share and millions of dollars in revenue. As IP theft becomes more common – and more costly – clients are seeking new tools to combat it. 

At Robins Kaplan LLP, our track record of success representing plaintiffs and defendants in complex, high-exposure trade secret cases includes claims related to licensing, non-compete agreements, non-disclosure and confidentiality agreements, employee defections, and industrial espionage. We have litigated claims in state and federal courts across the country, the International Trade Commission, and in domestic and international arbitration forums.

We understand the often-nuanced differences between each state’s existing trade secret laws and the case strategies those differences require. No matter the venue, our attorneys know what it takes to protect clients’ proprietary information and processes through all stages of litigation, including expedited disputes like temporary restraining orders and preliminary injunctions.

We also help clients of all sizes build comprehensive protection plans to safeguard confidential information and detect trade secret misappropriation. Our intellectual property and technology litigation attorneys have partnered with our in-house Ph.D. science advisors to develop a proprietary analytic service which can help clients identify cases of possible trade secret theft committed by former employees, contractors, vendors, or other corporate insiders. We recognize the heightened importance of protecting the secrecy of innovation and the critical role effective trade secret representation plays in our clients’ continued success.

Experience

Our trade secret lawyers have experience asserting and defending claims of trade secret misappropriation and confidential information theft and misuse. Our trade secret lawyers also have experience implementing trade secret protection strategies, including:

  • Surveying and identifying trade secret holdings and design programs to maintain requisite secrecy, including necessary physical security measures;
  • Counseling clients on industry-specific strategies for avoiding trade secret claims;
  • Working with inventors, start-ups, and other innovators to minimize risks related to trade secrets claims; and
  • Developing and negotiating confidentiality agreements with employees, partners, suppliers, and customers for identifying and protecting clients’ confidential information.

Serving Clients Across a Range of Industries

We assert and defend actions involving trade secrets and other confidential information across multiple industries, including:

  • Consumer Electronics
  • Food and Beverage
  • Health Care
  • Health and Life Sciences 
  • Hospitality
  • Manufacturing
  • Medical Device
  • Software and Distributed Networks
  • Professional Services

PUBLICATIONS

August 7, 2024
Making a Case for Trade Secret Misappropriation in the US
David Prange, Benjamen Linden and Demitri Dawson - IAM
March 2023
Unintended Consequences of Banning Noncompete Agreements
Michael Geibelson, Stephen Safranski, Michael Pacelli - Bloomberg Law
February 22, 2023
A World Without Noncompetes: Protecting Confidential Information and Trade Secrets
Chris Larus, David Prange, Rajin Olson - The National Law Journal
February 7, 2023
When Monkey Business Slips Into Trademark Infringement
David Martinez and Zac Cohen - Los Angeles & San Francisco Daily Journal
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